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Administrative Monetary Penalty System

The City of Markham is using a new process for the enforcement of most of the City’s parking by-law violations.

The Municipal Act, 2001 allows municipalities to use an Administrative Monetary Penalty System (AMPS) for parking by-law violations.

Markham City Council passed a By-law [PDF] to implement an Administrative Monetary Penalty System (AMPS) in June 2015. The program came into effect on October 1, 2015 in the City of Markham.

An Administrative Monetary Penalty System is a more efficient way for municipalities to enforce parking by-laws. A Penalty Notice, which is the same as a Parking Ticket, will be issued by enforcement officers for failing to comply with the City’s Parking By-law.

The new process allows the City to deal with parking matters in a fair, effective and efficient manner. It is designed to streamline the enforcement process and is considered a service enhancement because parking violations are no longer disputed through the backlogged court system.

A number of measures have been put in place to ensure the City’s new process is fair and objective. Penalty Notices can be disputed by requesting an appointment with a Screening Officer. The decision of a Screening Officer can also be reviewed by a Hearing Officer, who is an independent and impartial person.

Bylaws

The City of Markham By-law 2015-93 [PDF] sets out the parking penalty, associated penalty amount and any applicable administrative fees.

The City of Markham By-law 2015-94 [PDF] sets out the appointment of Screening Officers and Hearing Officers for the Administrative Monetary Penalty System.

The City of Markham By-law 2017-9 [PDF], a by-law to repeal and replace Municipal Law Enforcement Officers Appointment By-law 2015-62.

Forms

Dispute and Appeal Resolution Process

Concerns regarding parking enforcement and penalty notices will be dealt with according to the following:

Step 1

If you wish to dispute a penalty notice, you are first required to request a Screening Review appointment

Step 2

After reviewing the penalty notice with the Screening Officer, you may choose to appeal the Screening Officer’s decision to the Hearing Officer, by requesting a Hearing Review appointment.

Step 3

If, after reviewing the penalty notice with the Screening or Hearing Officer, you feel that the process followed was not according to the by-law, you may choose to submit a formal complaint using the form below.

The City requires 3 business days to process your request for a Screening Review appointment.

If you requested a Screening Review appointment online, you will immediately receive a confirmation e-mail. Within 3 business days, you should receive an e-mail to notify you of the time and date of your scheduled screening appointment. If your do not receive your appointment notification, it is your responsibility to follow up on the status of your request by calling 905-477-5530.

If the matter is still in dispute following the review by the Screening Officer, you can request a review by a Hearing Officer on or before the payment due date listed on your Screening Decision Notice.

At the Hearing Review appointment, you can provide evidence to support your claim. Hearing Review appointments are open to the public. The Hearing Officer’s decision is final.

Yes. You can authorize another person to act as your representative during a Screening Review or Hearing Review appointment. You must complete the Authorization to Act as an Agent Form [PDF] and the person must bring the signed and completed form with him/her to the appointment.

If you received a Past Due Notice, this means that the City has not received payment of the Penalty Notice or you have not requested a Screening Review appointment within the required time. You are no longer eligible to request a Screening Review appointment and must take action to avoid incurring additional administrative fees.

If you received a Final Notice, this means that the City has not received payment of the Penalty Notice. You must take action to avoid paying at the Ministry of Transportation when you renew your Ontario Vehicle Permit.

If you do not choose one of the options listed on the back of your Penalty Notice, the City assumes you have decided not to dispute the Penalty Notice and you may be required to pay additional administrative fees.

Additionally, if the Penalty Notice and administrative fees remain unpaid, a notice of default will be sent to the Ontario Registrar of Motor Vehicles which will result in your Ontario Vehicle Permit renewal being denied.

Yes. Under specific circumstances administrative fees can be applied to your total amount due. For example, administrative fees are applied to late payments, failure to attend a scheduled Screening Review or Hearing Review appointment, and Ministry of Transportation (MTO) searches.